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Transfer of undertakings: Identity of transferee at time of dismissal irrelevant

This report relates to 1 case(s)

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    Harrison Bowden Ltd v Bowden [1994] ICR 186 EAT (0 other reports)

    The Court of Appeal in Spaceright Europe Ltd v Baillavoine and another decided that, for there to be an automatically unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the at the time of the dismissal. The Court of Appeal approved the EAT on this point.

An industrial tribunal was entitled to find that an employee was unfairly dismissed by reason of the transfer of an undertaking, even though there was merely a prospective, rather than a definite, transferee in sight at the time of dismissal, holds the EAT in Harrison Bowden Ltd v Bowden. The tribunal's conclusion that the employee therefore had the necessary continuous service for his unfair dismissal complaint is consequently upheld.